Case details

Skateboarder ‘bombing’ on road collided with turning vehicle

SUMMARY

$299362.79

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
brain, concussion, fracture, head, leg
FACTS
On June 19, 2011, at approximately 5:45 p.m., plaintiff Jordan Mink, 22, a smog certifier, was riding his skateboard south on Club Drive in Los Angeles, toward the intersection with McConnell Drive, when a 2009 Ford Flex driven by Robert Carlson attempted to make a left turn from northbound Club Drive onto McConnell Drive. As a result, Mink collided with the rear passenger side of the vehicle and sustained fractures and degloving to his left arm, as well to his feet. Mink sued Carlson and the owner of the vehicle, William Morris Endeavor Agency LLC. Carlson filed a counterclaim, for the damage done to the Ford Flex crossover vehicle. Mink alleged that Carlson was negligent in the operation of his vehicle and that William Morris was vicariously liable for his actions. Specifically, he claimed that Carlson failed to yield the right of way before commencing his left turn. Carlson claimed that Mink was at fault for the accident by “bombing” down Club Drive toward the intersection. “Bombing” is a skating term for when a skater crouches down and bends his body parallel to the road in an effort to accelerate quickly and travel faster. Over plaintiff’s counsel’s reported objections, defense counsel played YouTube videos of Mink bombing down other hills in the area. The videos allegedly showed Mink putting himself in harm’s way and exhibiting disregard for traffic laws on one occasion before the accident and on another occasion three months after the accident. One of the videos allegedly showed Mink bombing into an intersection with a traffic light that turned green moments before he passed through the intersection., Following the accident, Mink was transported by ambulance to UCLA Medical Center in Los Angeles, where he was admitted for three days. He was diagnosed with a degloved elbow on his left arm, a concussion, and non-displaced fractures of the distal tibia and calcaneus in his left leg. He also sustained multiple lacerations to his chest. Mink did not undergo any surgeries for his , but his ankle was placed in a cast, which he wore for several months. He also received approximately 50 stitches for his degloving injury and another 10 stitches for his chest lacerations. Following his departure from the hospital, Mink underwent approximately four months of physical therapy. Despite not working at the time, due to taking time off to recover from another skateboarding injury to his shoulder, Mink claimed 12 weeks of lost earnings, a total of approximately $6,900. He also claimed medical specials of $50,462.79, with the possibility of future surgeries for scar revision and radial nerve decompression to his left arm. Mink also claimed he needed a procedure to remove bone fragments from his left foot because his left ankle continued to cause him pain and soreness after the accident. Defense counsel argued that Mink was not working at the time of the accident, so he was not entitled to any lost wages. Counsel also disputed that Mink had any lingering problems due to his ankle injury, arguing that his ankle fracture had healed up without incident.
COURT
Superior Court of Los Angeles County, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case